HARRIES, C.J. - (1.) THIS is a petition for revision of an order of a learned Judge of the Presidency Small Cause Court, Calcutta, disallowing the objection of the Dominion of India to a certain execution.
(2.) ON 12th August 1947, the opposite party instituted a suit in the Small Cause Court at Barisal against the Indian General Navigation Company, River Steamship Navigation Company, Bengal and Assam Railway and the Governor -General in Council representing Bengal and Assam Railway. The claim was for short delivery of certain chillies which had been booked from the steamer station of Ibrahimpur in East Bengal for delivery at Forbesganj in Bihar. The first two defendants entered appearance, but it appears that the Bengal and Assam Railway and the Governor -General in Council did not enter appearance. However on 6th February 1948, the plaintiff obtained a decree in the Small Cause Court at Barisal against defendants 3 and 4, that is, the Bengal and Assam Railway and the Governor -General as representing that railway.
(3.) LATER application was made to the Barisal Court for a certificate of non -satisfaction of the decree. The Court gave the certificate in June 1948 and it is said that written on the certificate were the words that the decree is executable against the East Indian Railway as it had undertaken to pay the liabilities of the Bengal and Assam Railway and therefore had become liable to pay the decretal amount.;